Charges tossed in raccoon mercy killing

By Denise Allabaugh
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Published: September 13, 2019

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Marty Kumor of Duryea wears a racoon hat as he takes part in a show of support for Attorney Larry Kansky protest outside the Luzerne County Courthouse Thursday morning. Attorney Larry Kansky was scheduled for a hearing in a case where he took it upon himself to shoot a wounded racoon near his office in Wilkes-Barre.
Mark Moran
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MARK MORAN / STAFF PHOTOGRAPHER Frank Marra, left, of Hanover Twp., joins others in a show of support for attorney Larry Kansky outside the Luzerne County Courthouse in Wilkes-Barre on Thursday.

Attorney Larry Kansky, 62, said he repeatedly tried to get authorities to assist the raccoon before he fatally shot it on the side of the road on West North Street near the Luzerne County Courthouse.

He said he called 911 about the raccoon four times between 5:37 a.m. and 1:01 p.m. on May 21 before he decided to take matters into his own hands to shoot the injured animal with a .38 Special to put it out of its misery.

“I called over and over and over again and that poor raccoon was crying out in pain,” he said. “It was breaking my heart.”

Kansky said he fought the case for the “dignity of suffering animals who are hurt and maimed.”

“They should not be left on the side of the road for six, seven, eight hours,” he said. “Animals feel pain just like human beings.”

Assistant District Attorney Drew McLaughlin argued there was potential Kansky could have caused danger from firing his weapon in the residential area even though he didn’t and that was not intent.

Wilkes-Barre Police Officer Richard Harding testified Kansky shot the gun twice and risked shooting passing motorists and pedestrians. He also testified there was the potential the bullets could ricochet from the surface.

After Dotzel dismissed the charges following a two-hour preliminary hearing, Kansky said Harding’s testimony was “totally false.”

“He (Harding) had me shooting into the lane of traffic, which I did not do,” Kansky said. “The shots were safely in line with the raccoon on the sidewalk. He had me shooting perpendicular into the traffic and that was totally false.”

Kansky added that he shot the gun twice because he didn’t think the first shot was lethal so he shot again a few seconds later.

“I shot three feet away hovering over the raccoon,” he said. “There were no cars in the area. They drove up after.”

Kansky said he believes he needed to protect the public as well because the injured animal could have had rabies or could have lashed out.

“Here we have a raccoon that’s out during the daytime, bleeding and crying and screaming out in pain and we didn’t know what danger it had behind it,” he said. “I was doing two things: respecting the dignity of the suffering animal as well as protecting the public. That was my whole intent. I didn’t mean to do anything else and I did it in a completely safe way.”

As a result of the charges filed against him, Kansky said the Luzerne County sheriff took away his permit to carry a weapon. He said he had to turn in his license to carry a gun or face further criminal charges.

“He took it away without due process,” he said. “I wasn’t given a hearing and I wasn’t given proper notice.”

Kansky thanked a group of supporters who gathered outside the courthouse from Tracy’s Hope, a nonprofit organization that cares for sick, disabled and terminally ill pets and serve as animal rights activists. They held signs reading, “We support Attorney Kansky,” “Malicious prosecution” and “Animals feel pain too.”

“Without them, I wouldn’t have the strength to keep fighting,” he said. “This case is bigger than Larry Kansky.”

Denise Kumor, CEO of Tracey’s Hope hospice care program and rescue for domestic animals, said she thought the charges filed against Kansky were “ridiculous.”

“The raccoon suffered for eight hours and this man called and called and called,” Kumor said. “This could have been resolved and not brought to court and no charges if they did their jobs.”

Dotzel said Wilkes-Barre police have the right to refile charges but Kansky said he’s not worried and will fight them again if they do.

“The police could file 10 times in this case. I’m not afraid of the police,” Kansky said. “To be charged with criminal charges is only because the police didn’t do their job. The police and the Game Commission failed the public in this case. They failed miserably and they have to be held accountable for it.”

Contact the writer:

dallabaugh@citizensvoice.com,

570-821-2115, @CVAllabaugh

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